The Growing World of Nanotechnology

Over the last several years, there have been substantial advances in the field of nanotechnology. Although research and development continues, nanotechnology is now being used in over 1000 consumer products ' from sunscreens and cosmetics to clothing, sporting equipment, and electronics. Moreover, scientists believe that these current uses have merely scratched the proverbial surface of potential applications, which they predict will increase exponentially over the next decade.

Critics of nanotechnology, however, complain that the science has progressed too far and too fast, and that there are too few studies concerning the safety of nanotechnology for human health and the environment. Critics also complain of the absence of legal guidelines governing the manufacture, transportation, use, and disposal of nanoparticles.

The increasing use of nanotechnology, and the strong opinions of its proponents and detractors, suggest that nanotechnology could become the focus of governmental regulation or meaningful litigation in the very near future. This article briefly explains what nanotechnology is and discusses some of its current and potential future applications. It then highlights certain proposed regulation and areas of governmental interest. Finally, this article discusses issues that have arisen in recent nanotechnology-related litigation.

What Is Nanotechnology?

Nanotechnology is the study of manipulating matter on an atomic or molecular scale. Specifically, it involves the synthesis and manipulation of nanoparticles ' particles that are smaller than 100 nanometers in size (one nanometer equals one billionth of a meter). To put this in perspective, if one were to imagine that the earth's diameter is one meter, then one nanometer would be approximately equal to the diameter of a marble.

The significance of nanotechnology lies in the premise that particles of matter often exhibit different physical properties as they decrease in size. Thus, scientists effectively are able to synthesize new substances, with unique properties, simply by reducing the size of existing substances. The new nano-substances, or nanoparticles, can then be used, inter alia, to improve products that consumers use every day. Thus, nanotechnology makes cosmetics appear smoother, sunscreens more transparent, sporting equipment stronger and lighter; the list goes on.

Unfortunately, relatively little is known about the potential effects of nanotechnology on human health and the environment. Although thousands of nanotechnology related studies have been performed, most of those studies have focused on efficacy in potential applications. Comparatively few studies have focused on safety, and the safety studies that exist typically have been small-scale and have been performed or sponsored by interested parties. Such studies often are challenged as having questionable significance and a high potential for bias. Nevertheless, a significant number of studies have raised concerns that certain nanoparticles could negatively impact humans and the environment. These studies are frequently cited by critics of nanotechnology.

Critics underscore another reason that nanotechnology should be treated with caution: Because of their extremely small size, it may be difficult to monitor a release of nanoparticles into the environment. Once released into the environment, nanoparticles could unknowingly be ingested, inhaled, or absorbed through the skin of humans and animals. And once inside a living organism, nanoparticles could travel throughout the organism via the circulatory system or, because nanoparticles often are small enough to penetrate cellular tissue, via migration from organ to organ or from cell to cell.

Nanotechnology Applications